Law:

Section:

(a) Penal Code (XLV of 1860)­--------S. 302-Murder case-No enmity between accused and eye­witnesses-Mere fact of witnesses and deceased being co-villagers and co-workers in same Mill not indicative of accused being falsely implicated-Identification parade held properly and accused picked .out by three witnesses-Accused proved to have drawn out his pistol and shot at deceased with two shots which proved fatal-Murder deliberate and there being no extenuating circumstances sentence of death held to be proper. (b) Penal Code (XLV of 1860)- --- S. 302-Murder case-President ordering general amnesty in respect of death sentences and such sentences commuted to transporta­tion for life-Accused appellant not reaping benefit of amnesty due to pendency of his appeal-Sentence of death commuted to life imprisonment in circumstances. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed -against the judgment of the Peshawar High Court, in Criminal Appeal No. 141 of 1971 (Murder Reference No. 41 of 1971), dated the 3rd November 1971. By this judgment, the appeal was dismissed and the death sentence of the appellant was confirmed. The appellant was tried, along with Mohammad Razaq alias Rangila .and Rustam Khan, under section 302/34, P. P. C. for the murder of Muhammad Shuaib, and under section 323/34, P. P. C. for causing injuries with blunt weapon to Alamzeb P. W., by the learned Sessions Judge, Hazara They were convicted by judgment dated the 15th July 1971. The appellant­ was sentenced to death and Muhammad Razaq alias Rangila and Rustam, Khan were sentenced to transportation for life. The three accused were acquitted of the charge under section 323/34, P. P. C. The appellant and his co-accused Muhammad Razaq and Rustam Khan challenged their conviction in Criminal Appeal No 141 of 1971 (Murder Reference No. 41 of 1971) and a Division Bench of the Peshawar High Court, by judgment dated the 3rd November 1971, dismissed the appeal of the appellant and confirmed his death sentence. Muhammad Razaq alias Rangila and Rustam Khan were acquitted of the charge of murder. Their conviction and sentence of transportation for life was set aside. Muhammad. Razaq alias…

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